Marine Safety Act 1998

This Act is the Marine Safety Act 1998.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are as follows—

to ensure the safe operation of vessels in ports and other waterways,

to promote the responsible operation of vessels in those waters so as to protect the safety and amenity of other users of those waters and the amenity of occupiers of adjoining land,

to provide an effective framework for the enforcement of marine legislation,

to provide for the investigation of marine accidents and for appropriate action following any such investigation,

to consolidate marine safety legislation.

The dictionary in Schedule 5 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

For this Act, a vessel is taken to be proceeding on a voyage from when the vessel gets underway for the voyage until the vessel—

is no longer underway, or

is anchored, moored or berthed.

In this Act, vessel—

includes the following—

a water craft of any description capable of being used as a means of transportation on water,

a thing prescribed by the regulations as a vessel,

a thing subject to a temporary vessel order, but

does not include a water craft of a kind prescribed by the regulations as not being a vessel.

Without limiting subsection (1)(a), a vessel includes—

a non-displacement craft, and

a seaplane, while the seaplane is on water.

The Minister may, by written order (a temporary vessel order), declare a thing capable of being used in or in connection with water to be a vessel for a period of not more than 12 months if the Minister reasonably considers it necessary—

to assess the safety of the thing, or

in an emergency.

The Minister must, as soon as practicable after making a temporary vessel order, ensure the order is published in the Gazette.

A vessel is connected with this State for the purposes of this Act if—

the vessel is registered, or is required to be registered, under the marine legislation, or

the vessel is registered under the Shipping Registration Act 1981 of the Commonwealth, or the National law, with a home port in this State, or

the vessel is owned by a person who is ordinarily resident in this State, or

the vessel is owned by a person whose place of business, or principal place of business, is in this State, or

the vessel is owned by a person whose principal place of business for managing the vessel’s operation is in this State, or

the vessel is declared by the regulations to be a vessel connected with this State.

In this Act, relevant owner of a vessel means—

for a registrable vessel that has been registered—

the person who holds the vessel registration certificate for the vessel, or

if the vessel is no longer registered—the person who last held the vessel registration certificate for the vessel, or

otherwise—the owner of the vessel.

In this section, a reference to the owner of a vessel includes a reference to the following—

a person who holds the relevant National licence or other certificate of registry for the vessel,

the charterer of the vessel,

a person who—

exercises the functions of the owner of the vessel, or

publicly represents that the person has the functions, or

accepts the obligation to exercise the functions.

In this Act, person responsible for a vessel or former vessel means—

for a vessel—

the relevant owner of the vessel, or

the master of the vessel, or

the operator of the vessel, or

if the Minister is unable to identify or contact the relevant owner, master or operator—the last relevant owner of the vessel, or

another person who has responsibility for the vessel, or

for a former vessel—

the owner of the former vessel, or

a person who—

exercises the functions of the owner of the former vessel, or

publicly represents that the person has the functions, or

accepts the obligation to exercise the functions, or

another person who has responsibility for the former vessel.

This Act applies to and in respect of the following vessels and the relevant owners, masters, crew and passengers of the vessels—

all vessels that are in State waters (including vessels proceeding on overseas voyages),

all vessels that are proceeding on voyages other than overseas voyages (including vessels that have left State waters), except recreational vessels while they are in the waters of or adjacent to another State or Territory of the Commonwealth,

all vessels connected with this State, wherever they may be.

(Repealed)

This section is subject to any express provision of this Act to the contrary.

The National law prevails over this Act to the extent of any inconsistency.

This Act does not apply to or in respect of a defence vessel.

This Act is subject to the Heritage Act 1977.

Note—

See also the Underwater Cultural Heritage Act 2018 of the Commonwealth.

The purpose of this Part is to adopt in this State a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law).

Accordingly, this Part—

applies the Commonwealth domestic commercial vessel national law as a law of this State, and

makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of this State to be administered on a uniform basis by the Commonwealth (and by State officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.